American Law Ads – Should We Follow Their Lead?

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By Melanie Hodges Neufeld

We love our neighbours to the south, if only for their hilarious ads. Check out this ad for the Texas Law Hawk.

Our Code of Conduct states:

3.02 (1) A lawyer may market professional services, provided that the marketing is:
(a) demonstrably true, accurate and verifiable;
(b) neither misleading, confusing or deceptive, nor likely to mislead, confuse or
deceive;
(c) in the best interests of the public and consistent with a high standard of
professionalism.

Commentary
Examples of marketing that may contravene this rule include:
(a) stating an amount of money that the lawyer has recovered for a client or referring
to the lawyer’s degree of success in past cases, unless such statement is
accompanied by a further statement that past results are not necessarily
indicative of future results and that the amount recovered and other litigation
outcomes will vary according to the facts in individual cases;
(b) suggesting qualitative superiority to other lawyers;
(c) raising expectations unjustifiably;
(d) suggesting or implying the lawyer is aggressive;
(e) disparaging or demeaning other persons, groups, organizations or institutions;
(f) taking advantage of a vulnerable person or group; and
(g) using testimonials or endorsements that contain emotional appeals.

The ad clearly contravenes our Code. Do you agree with our more “tasteful” and “professional” approach? Or should we follow Texas’ example? Take our poll or tell us what you think in the comments.

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